AN ORDINANCE AUTHORIZING THE METROPOLITAN DEPARTMENT OF LAW TO CAUSE CONTRACTS APPROVED BY THE METROPOLITAN COUNCIL TO BE AMENDED TO INCLUDE YEAR 2000 WARRANTY AND RESPONSIBILITIES.

WHEREAS, the Metropolitan Government of Nashville and Davidson County has approved various contracts through the Metropolitan Council; and,

WHEREAS, all Metropolitan Government contracts are in the process of being amended to protect the Metropolitan Government from any problems which may arise due to the year 2000; and,

WHEREAS, some of these contracts were originally approved by Council and require Council approval of all amendments.

WHEREAS, it is to the benefit of the citizens of the Metropolitan Government of Nashville and Davidson County that this amendment to the agreements be approved.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1: That the Metropolitan Department of Law cause agreements and contracts previously approved by Council and still valid and existing to be amended to include the following language:

Year 2000 Warranty & Responsibilities.

Contractor warrants that any hardware, software and firmware products, individually and in combination, provided by Contractor pursuant to this contract shall successfully transition into the year 2000 with the correct system date, without human intervention, including leap year combinations, and shall also provide correct results when moving forward or backward in time through and beyond January 1, 2000. Successful transition and correct results includes recording, processing, storing, presenting and responding to calendar dates of January 1, 2000, and later in the same manner and with the same functionality as such products do for calendar dates of December 31, 1999, and earlier. Any product or combination of products that does not meet the requirements of this subsection a shall be deemed defective. Remedies available to Metro for breach of the requirements of this subsection a shall include repair or replacement of any defective product(s). Nothing in this subsection shall be construed to limit any other rights or remedies, including warranties, that Metro may have under this contract.

Any failure of Contractor to provide goods or services or otherwise perform pursuant to this contract, including, without limitation, interruption or delay, that is due to failure of any hardware, software or firmware products, individually or in combination, to successfully transition and/or to provide correct results as set forth in subsection a, above, shall not be force majeure, and shall be a breach of this contract. This subsection b includes and applies to any failure of Contractor to perform that results from failures of Contractor’s suppliers and/or subcontractors that are due to failure of any hardware, software or firmware products, individually or in combination, of Contractor’s suppliers and/or subcontractors to successfully transition and/or to provide correct results

SECTION 2: Any other amendments to said agreements and contracts must be approved by either an ordinance or resolution in accordance with the terms of the ordinance or resolution approving such agreement or contract.

SECTION 3: That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.